Kevin Humphreys (Dublin South East, Labour)
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Question 47: To ask the Minister for Finance when he will publish the report on the consultation on legacy property-based tax reliefs examining the economic impact of curtailing these reliefs which closed to submissions on 29 July 2011; if he will implement the provisions included in Finance Act (No. 1) 2011 allowing for restrictions on these legacy property tax reliefs, and guillotining of all outstanding reliefs; and if he will make a statement on the matter. [36697/11]

Michael Noonan (Limerick City, Fine Gael)
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As the Deputy has stated the public consultation on "legacy" property-based tax reliefs undertaken by my Department concluded at the end of July. Over 700 submissions were made by individuals and organisations during the consultation period. The consultation formed a major part of the economic impact assessment on the potential effects of amending, curtailing and/or abolishing such reliefs in line with the Programme for Government commitment to reduce, cap or abolish property tax reliefs and other tax shelters which benefit very high income earners. It is anticipated that the results of the impact assessment process will be available for consideration in the context of the forthcoming budget. As is customary, I do not propose to comment in advance of the Budget on any matters that might be the subject of Budget decisions.

Kevin Humphreys (Dublin South East, Labour)
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Question 48: To ask the Minister for Finance if he will provide the figure of the forgone revenue to the State for providing a tax exemption to employees for fees paid to professional bodies for 2010 and to date in 2011; and if he will make a statement on the matter. [36698/11]

Kevin Humphreys (Dublin South East, Labour)
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Question 50: To ask the Minister for Finance if he will provide the figure of the cost of tax relief for subscriptions to professional bodies in 2010; and if he will make a statement on the matter. [36700/11]

Kevin Humphreys (Dublin South East, Labour)
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Question 51: To ask the Minister for Finance the reason tax relief for subscriptions to professional bodies has not been completely abolished as provided for in budget 2011, whilst tax relief on trade union subscriptions has; and if he will make a statement on the matter. [36701/11]

Michael Noonan (Limerick City, Fine Gael)
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I propose to take Questions Nos. 48, 50 and 51 together.

Income Tax relief in respect of trade union subscriptions was abolished in Finance Act 2011. This was in line with a recommendation of the Commission on Taxation. The removal of this relief which previously applied to a large number of employees, suggested that, in order to provide a degree of equity, a similar measure should be implemented for those employees who are members of professional bodies. This was also accomplished by means of Finance Act 2011.

I am informed by the Revenue Commissioners that for the tax years 2004 to 2010, Section 118(5E) Taxes Consolidation Act (TCA) 1997 provided that expenses incurred by an employer on behalf of an employee in connection with the payment (or reimbursement) of annual membership fees of a professional body were exempt from tax where such membership was regarded as "relevant to the business" of the employer. Following the enactment of Section 7 of the Finance Act 2011, this tax exemption is not available for the tax year 2011 and subsequent tax years.

However, separate and distinct from the tax exemption provided for in Section 118(5E) TCA 1997, Section 114 TCA 1997 provides for a tax deduction in respect of expenses incurred wholly, exclusively and necessarily by an individual in the performance of the duties of his or her office or employment. In the context of annual membership fees of a professional body, whilst each case is examined on its own facts and circumstances, Revenue operate in accordance with guidance published in 2011.

As regards professional subscriptions paid by a self-employed individual or by a practice, such subscriptions are a normal business expense in the accounts of the individual or practice in arriving at profit for tax purposes. In relation to costs, I am informed by the Revenue Commissioners that, as regards employees, during the tax year 2010, Section 118(5E) TCA 1997 referred to above provided for a tax exemption as regards professional fees paid by an employer on behalf of an employee. As such tax exemption was given at source by employers, figures are not available as to its cost.

For professional subscriptions paid by an individual who is an office holder or employee, costing figures are not available in respect of expenses claims for tax relief under Section 114 TCA 1997 on the cost of such subscriptions wholly, exclusively and necessarily incurred by that individual in the performance of the duties of his or her office or employment. Such costs are subsumed into the overall tax cost of allowing relief under section 114 for the various types of expenses that are wholly, exclusively and necessarily incurred by individuals in the performance of the duties of an office or employment.

As regards professional subscriptions paid by self-employed individuals or by a practice, as such subscriptions are a normal business expenses in the accounts of the individuals or practice in determining profit for tax purposes, again tax costing figures are not available as the costs are subsumed into the overall tax costs of allowing tax relief for business expenses. In circumstances where there is a need to maximise tax revenues as much as possible it is considered that the available tax relief should be tightly focused on fees that were absolutely essential to the performance by an individual of his or her job, profession or business.

Kevin Humphreys (Dublin South East, Labour)
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Question 49: To ask the Minister for Finance if he will provide the figure of the cost of tax relief for trade union subscriptions in 2010; and if he will make a statement on the matter. [36699/11]

Michael Noonan (Limerick City, Fine Gael)
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Income Tax relief in respect of trade union subscriptions was introduced in 2001. In 2008, the relief was increased to €350, which equated to a €70 tax credit per annum for union members. The most recent year for which the necessary detailed information is available regarding tax relief for trade union subscriptions is the income tax year 2009, in which the cost to the Exchequer is estimated at approximately €26.7 million.

This tax relief was abolished in Budget 2011. The Commission on Taxation recommended that the relief should be discontinued on the basis that membership of a trade union is more likely to be influenced by the benefits of membership. Furthermore, the Commission considered that there was a significant element of deadweight associated with this tax relief.

Questions Nos. 50 and 51 answered with Question No. 48.